If you have permission to open someones mail then you have "reasonable excuse" - so yes you cannot contract out of that law, but you can give "reasonable excuse" by contract, or even without a contract (ie there doesn't have to be consideration, or anything in writing. "Open my mail while I am away" would be sufficient - as in the case ot fhte wife opening while you are away).
Rest Homes however operate under a code of conduct. It would be difficult for them to justify a standard term allowing them to open mail. The privacy commissioner would probably have something to say even if thh health and disabilities commissioner didn't.
IMHO if a Rest Home is going to offer this as a "service" they should get informed and specific consent, and not rely on the small print somewhere in their contract. And if they don't have permission, they should not open, no matter how ill the patient. That is what an attorney or court appointed manager are for.
NonprayingMantis: So if, for example, I go overseas for a while it is illegal for my wife, even with my permission, to open mail even if I specifically request that she do it. Clearly that is not the case, (or my wife should be in prison right now) so clearly it must be legal to open someone's mail wit heir permission.
Idiot
unfair, and also against the FUD to insult other members like this
you've given permission for your wife to open your mail the law in that case ceases to be applicable as she now has reasonable excuse.
that is exactly my point. the other guy was arguing that it is impossible to give permission. Clearly this is not the case.
The rest home must gain written/verbal permission from each resident/POA on an case by case basis, they can not use an T&C in a contract to generalise such a practice and as the OP has already stated that there is nothing in the contract that states anything about opening residents mail they have broken the law plain and simple
if you have given written permission then the contract with the rest home can be exactly that. ideally they wouldn't bury it within the small print, but it is still a contract where you give permission - that is what a contract is.
(I realise we know now that it is not in this contract, but we didn't at first, which is why it was brought up, and so I am talking about hypothetically)
sorry bout that I was in a bit of a foul mood last night when I typed that and unfortunately you wore the brunt
Just to update you, I have received a letter from the facility manager advising that they take this issue very seriously and that they are looking into it.
That is all I really wanted from them, as I don't accept that it is normal practice as stated by one of the nurses.
I'll let you know when I have an update, but just the fact they have acknowledged my complaint has made me feel better.
good news it seems then so far but be prepared for it to possibly turn into an he said she said and in the end nothing will be done scenario then again this manager maybe a bit of a hitler and actually do something you never know fingers crossed and all that
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